T&C - Terms and Conditions - Status 2011 October 30th
Please note that the following is purely a translation of the German language terms and conditions (Allgemeine Geschäftsbedingungen). In the case of dispute, German law (see §7 of T&C) and the German version of the Allgemeine Geschäftsbedingungen is exclusively applicable.
1.1. All products and services are subject exclusively to the following terms and conditions. In addition to this, please note the conditions of the manufacturer’s product leaflet, which are enclosed with the product and are also valid. Product illustrations and descriptions are examples and can vary from the delivered product.
1.2. Any deviations from these terms and conditions, additional agreements and / or supplementary or sub-agreements must be agreed in writing.
1.3. Our instructions, statements and offers with regard to products and product descriptions are subject to alteration. In view of the continuous development and optimisation of our products, we reserve the right to make changes to product design and composition, which may then vary from statements made in our printed materials and online catalogue. This also applies to changes to the ability to deliver goods or services. Printing errors and omissions excepted. The purchaser should note that he / she does not have to accept goods that he / she has not ordered or which differ from goods that he / she has ordered. In this instance, please refer to the right to return goods / cancellation rights set out in point 5.
1.4. A contract with the customer exists only through either a written order confirmation (e-mail is sufficient) or the acceptance of the goods by the customer. By opening the original packaging the customer acknowledges our copyright protection and the guarantee conditions, as well as the conditions and instructions set out in the manufacturer’s product leaflet.
2.1. With regard to the delivery of products, the price at the point of ordering is valid. The currency stated in our printed materials and prices in our online catalogue are in € (Euros) and include the legally valid value added tax at the time of publication. In addition to the net price, the invoice will include postage and packaging charges, insurance and the amount of tax valid at the time of invoicing.
2.2. Prices are subject to alteration as a result of changes in customs, import and export charges, currency management, exchange rate fluctuations, allocation of goods or daily prices. Products which have been affected by price changes will be marked with an asterix (*). The return of goods in this case is acceptable if product is in its original condition and packaging.
2.3. Payment is accepted only in the form of pre-payment via Paypal or bank transfer.
3.1. We reserve the right to delay delivery.
3.2. All agreed lead times are subject to the timely and correct delivery to ourselves. Delivery times may be affected or delayed by loss of working hours (strikes / lockouts), legal issues or by order of the authorities (import / export restrictions), extreme violence. Non-compliance or observation of delivery times is not grounds for compensation claims.
4.1. All products are in stock in the majority of cases. In exceptional cases, if a product is not in stock, a notification will be sent. We make the utmost efforts to deliver to you as soon as possible. In the case that a product is not available, we reserve the right not to deliver the product and to refund the purchase price.
4.2. We reserve the right to make partial delivery as long as no other specific arrangement has been agreed. Partial deliveries count as independent deliveries with regard to payment and guarantee responsibilities and risk of transfer (of product in transit). The customer is not entitled to refuse partial deliveries. If a product is not deliverable within a short period of time, we will make the decision as to whether or not a delivery charge will be made for further deliveries, namely whether the product will be identified in the invoice with “Please re-order”.
4.3. Dispatch type, way and carrier are at our discretion.
5.1. Any liability for not using the product appropriate is excluded. Please also read carefully FAQ’s for health risks and liability.
6.1 BGB § 312d Absatz IV, Nr. 1, alternativ 3.
Products which are not suitable for return consignment because of their consistence.
VULVA Original is suspect to supervision of strict international terms of references and is sent in welded transparent plastic sheet. Cancellation is only possible with unopened original packaging within 14 days! After opening the safety plastic sheet the withdrawal is cancelled and you can not make use of your sale or return. For products which will be returned anyhow, you will not get your money back. You will have to carry the costs for the return if the product we sent out is the product you’ve received and the order is not worth more than 40,- €
6.2 If the safety sheet is still unopened you can withdraw your order without explanation or return the item within 14 days. The deadline starts with receiving these special instructions and the ordered item. To contain your right of withdrawal you have to return the item or send out the cancellation in time. You will have to send your cancellation of order to: vivaeros SPECIAL PRODUCTS, Nordstrasse 52, 50389 Wesseling, Germany Fax: +49 2236- 942116 E-Mail: firstname.lastname@example.org
7.1. Protection vivaeros SPECIAL PRODUCTS adheres strictly to data protection laws. Only data necessary for processing and administering orders is saved and used in accordance within the permitted framework.
8.1. German law will be applied exclusively in case of dispute. The place of fulfillment and the legal jurisdiction is cologne.